B.Shanmugam v. A.Vijayalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL MISCELLANEOUS PETITION No.3466 of 2019 and CRL.O.P.No.3849 of 2019 B.SHANMUGAM [ PETITIONER ] Vs 1 A.VIJAYALAKSHMI [ RESPONDENTS ] 2 S.GOPI Petition praying that in the circumstances stated therein the High Court will be pleased to modify the conditional order in Crl.O.P.No.3849 of 2019 dated 13.02.2019 Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.R.ARUNKUMAR, Advocate for the petitioner and of M/S.C.RAGHAVAN Government Advocate on behalf of the Respondent the court made the following order:- This petition has been filed to modify the conditional order in Crl.O.P.No.3849 of 2019 dated 13.02.2019, which reads as under:- "3.

In the meantime, the personal appearance of the petitioner is dispensed with on condition that they shall ensure that the husband S.Gopi shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before 5th of every English Calendar month starting from February 2019 to the credit of D.V.C.No.28 of 2018, on the file of the learned Judicial Magistrate, Ambattur, Chennai as ad-interim maintenance, without prejudice to both the parties. On such deposit being made, the respondent/wife is entitled to withdraw the same."

2.Heard both sides.

3.The petitioner is not in talking terms with the first respondent namely, husband of the second respondent. Further it is also seen that second respondent did not appear before the trial Court.

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4.Considering the facts and circumstances of the case, the condition imposed in the order dated 13.02.2019 in Crl.O.P.No.3849 of 2019 is modified to the effect that insofar as the deposit of Rs.5,000/- is concerned stands deleted. The other condition shall remain unaltered.

-sd/- 08/03/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, AMBATTUR, CHENNAI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] +2 C.C. to M/S.R.ARUNKUMAR Advocate on payment of necessary charges SR.NO.4886 Order in CRL MP.No.3466 of 2019 in CRL.O.P.No.3849 of 2019 Date :08/03/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 15/03/2019 https://hcservices.ecourts.gov.in/hcservices/